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HomeMy WebLinkAbout01-6029SUSAN M. SPANGLER, Plaintiff ELIZABETH S. SPANGLER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 1N CUSTODY : NO. 01-t-tkle} CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Susan M. Spangler, by her attorneys, the Family Law Clinic, sets forth the following cause of action for sole legal and primary physical custody of her grandchild, Amber Lynn Spangler: 1. The plaintiff is Susan M. Spangler, residing at 309 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is Elizabeth S. Spangler, currently incarcerated at Dauphin County Prison, 501 Mall Road, Harrisburg, Pennsylvania, 17101. 3. Plaintiff seeks sole legal and primary physical custody of the following child: Name Present Residence Date of Birth Amber Lynn Spangler 309 Shepherd Lane, 10/30/97 Shippensburg, PA 17257 The child was bom out of wediock. The child is presently in the custody of Susan M. Spangler, who resides at 309 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania, 17257. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Susan Spangler Jesse Slagle Summer Spangler Angela Boyd 309 Shepherd Lane Shippensburg, PA 17257 02/01 - Present Susan Spangler Jesse Slagle Summer Spangler Angela Boyd 10 Hershey Road Shippensburg, PA 17257 01/01 - 02/01 Susan Spangler Jesse Slagle Summer Spangler Angela Boyd 20 Walnut Bottom Road Carlisle, PA 17013 12/1997-2001 Elizabeth Spangler New Kingstown, PA 17072 11/30/97 - 12/5/97 The mother of the child is Elizabeth S. Spangler, currently incarcerated at Dauphin County Prison, 501 Mall Road, Dauphin County, Harrisburg, Pennsylvania 17101. She is single. The father of the child is unknown. John Chakin is listed on the child's birth certificate, however Mother has informed Grandmother that Mr. Chakin is not the father of the child. The child's father has never had any contact with the child. 4. The relationship of the plaintiffto the child is that of maternal grandmother. The plaintiff resides with the following persons: Name Amber Spangler Jesse Slagle Summer Spangler Angela Boyd Relationship Granddaughter Fianc6 Daughter Daughter 5. Therelationshipofdefendanttothechildisthatofmother. Mother currently resides with the following persons: Name Relationship unknown unknown 6. Plaintiffhas not participated as aparty orwitness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Grandmother has genuine care and concern for the child. b) The relationship between the child and Grandmother began with the consent of Mother. c) Grandmother, for a period exceeding 12 months, has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child. d) Grandmother has assumed the responsibility for the child who was substantially at risk due to, among other things, parental neglect. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have not been named as parties to this action. The father of the child is unknown to the Grandmother. WHEREFORE, plaintiffrequests the court to grant to her sole legal and primary physical custody of the child. Date: Kar .]~-L. Kurts Cemfied Legal In'em ROBERT E. RAINS TERI L. t-IENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Slxeet Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Custody Complaint are tree and correct to the best of my personal knowledge and belief. I understand that faise staternents herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Susan M. Spangler, ~lm~ SUSAN M. SPANGLER, Plaintiff ELIZABETH S. SPANGLER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : IN CUSTODY :NO. 01-&6~ CIVILTERM CUSTODY AGREEMENT AND ORDER OF COURT THIS AGREEMENT, made this 1'5Yv' day of (D,.--~o¢~t' , 2001, between Susan M. Spangler, hereinafter Grandmother, and Elizabeth S. Spangler, hereinafter Mother, concerns the custody of the child: Amber Lynn Spangler, bom October 30, 1997. Mother is the biological mother of the child. Grandmother and Mother desire to enter into an agreement as to the custody of the child. Grandmother and Mother agree to the following 1. Grandmother shall have sole legal custody of the child. 2. Grandmother shall have primary physical custody of the child. 3. Mother shall have visitation with the child, as the parties agree. 4. Visitations shall take place at the home of Grandmother, at times agreed upon by the parties. 5. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. 6. No party to this Agreement and Order will do anything which may estrange the child from another party, or injure the opinion of the child as to the other party or which may hamper the free and naturai development of the child's love and respect for the other party. Mother has been informed and understands that the Family Law Clinic represents Grandmother in this matter, and cannot give her legal advice, except that she should contact her own attorney. Understanding this, Mother has decided to proceed without an attomey. Mother and Father, who is currently unknown, have the fight to petition this Court to modify this Agreement and Order. The pa~ties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of the Court. Susan M. Spangler, Plaifitiff (-/ - Kar~n L. Kurts Certified Legal Intern Robert E. Rains Tefi L. Henning SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ORDER l~lizal~h S. SpanglerTI~-efen(la/nt AND NOW, this Z..Z .d day of ~eJ~ ~ ,2001 the above custody agreement is approved and entered as an Order of the Court. BY THE COURT: SUSAN M. SPANGLER, Plaintiff ELIZABETH S. SPANGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE NO. 01-~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Susan M. Spangler, Plaintiff, to proceed in forma pauperis. I, Karen L. Kurts, of the Family Law Clinic, Certified Legal Intern, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: Cer~fi~_,Legai Intern T~S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaimiff SUSAN M. SPANGLER, Plaintiff V. ELIZABETH S. SPANGLER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW IN CUSTODY : NO. 01- 6029 CIVIL TERM RETURN OF SERVICE I, Robert Lucas, a competent adult, hereby certify that I served a true and correct copy of the Custody Complaint and Custody Agreement and Order on Elizabeth S. Spangler, Defendant, by personally handing the document to her at the Dauphin County Prison, 501 Mail Road, Harrisburg, Pennsylvania 17101. Service was complete upon receipt by Elizabeth S. Spangler on the .~:2~ day of October, 2001 at/Ol~JAm. Robert Lucas SUSAN M. SPANGLER, Plaintiff V. ELIZABETH S. SPANGLER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBEPU_~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 01- 6029 CIVIL TERM Order. ACCEPTANCE OF SERVICE I accept service of the attached Custody Complaint and signed Custody Agreement and Elizal~c~a ~. Spa~gler (.,}